THE RECENT Second Amendment incorporation decision from the Ninth Circus is good news. But it’s not as good as it could be. I’m coming to think of this behavior as rearranging the outdoor furniture on the Night to Remember.
Rearranging the deck chairs on the Titanic.
Something similar is going on surrounding the EPA’s proposal to regulate carbon dioxide and other greenhouse gasses. They’re asking for public comment. I hope they get it — more than they can sort through in the time allotted. And may they choke on it.
But I fear that most of the comment — even in opposition — that they receive will be earnest pea-picking, arguing over quantities and deltas and the signs of the deltas and other assorted minutiae, when they miss the most significant point:
THE EPA HAS NO LAWFUL AUTHORITY TO EXIST IN THE FIRST PLACE.
I mean… come on! Point to the provision of the Constitution (that would be in Article I, by the way), where it says that Congress has the authority to regulate the air that we breathe, or the water we drink, or the toilets we flush.
It. Ain’t. In. There.
Same thing with the aforementioned decisiveness from the Ninth Circus. It’s nice that they think the Second enshrines an individual right. Allow me to say, “DUH!” It’s also nice that they think the incorporation doctrine means it applies to the states and local governments. But they miss the mark by a country mile.
The Second Amendment reads, (in relevant part), “THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED.”
First, this patently refers to a right which can be seen to pre-exist the Constitution. Second, as “Arms” may be taken to mean “weapons” and there is no mention of “regulation,” the imperative “shall not be infringed” should be taken to be absolute. There is no shading of meaning. There is no limit placed on the set of actors who shall not infringe. The First, for example, places a limit on Congress, but not necessarily on other bodies. The Second, however, conveys a general imperative that can be seen to be unlimited. No actor — state or private, at any level of government — may infringe upon the right of the People (as individuals) for any reason to keep and bear arms.
So, yes, we may pat the judges of the Ninth on their little heads and give them a silver star on this lesson, but they don’t get an “A” or anything near it. They should be told to do extra reading and explain how an absolute imperative prohibition gives the state permission to act.
And so should gunnies who see this as a win.
So it’s all-or-nothing.
Not at all. You take what you can get without a doubt. But don’t bullshit yourself into thinking half a day-old loaf is fresh out of the oven and you can eat the whole thing with lots of butter on it.
No… compromise, eh?
No… go along to get along? No taking what you can get? No… compromise with people who, no matter how much power they arrogate to themselves, are dead wrong and by all rights ought to be rifle targets? Says so right here in the founding documents?
Well, no, Dolly.
Compromising with evil is what got us here in the first place. And just as the We the Little People have realized — pray God not too late — that you don’t fix a failure of too much credit by loosening credit. You don’t juice an economy by adding layers of useless and counter-productive burdens on it, so, too, you have to realize that you don’t win wars — and, make no mistake about it, this is a war — by compromising with the enemy.
Whew! Alger! Take a pill!